Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698927764050.pdf (New Zealand)
Reprint as at 7 July 2010 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 Public Act Date of assent 1980 No 44 2 December 1980 The title of this Act was amended, as from 1 March 1999, by section 2(1) Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36) by substituting the words “Internationally Protected Persons, United Nations and Associated Personnel, and Hostages” for the words “Internationally Protected Persons and Hostages”.
See clause 2 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Commencement Order 1999 (SR 1999/9).

Contents Title Short Title and commencement Interpretation 1 2 Page 3 3 3 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Department of Justice.
1 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 Reprinted as at 7 July 2010 3 4 5 6 6A 7 8 9 10 10A Internationally protected persons and United Nations and associated personnel Crimes against persons Crimes against premises or vehicles Threats against persons Threats against premises or vehicles Sections 3 to 6 not to apply to certain United Nations operations Prosecution need not prove certain matters Hostage-taking Hostages General provisions Extradition Act amended [Repealed] Crimes deemed to be included in extradition treaties Further provision on crimes deemed to be included in extradition treaties Surrender of offenders [Repealed] Restrictions on surrender Further restrictions on surrender of offenders [Repealed] Attorney-General’s consent required to prosecutions Evidence Application of certain provisions of Crimes Act Other Acts not affected Schedule 1 Crimes against persons protected by a convention Schedule 2 Crimes against premises or vehicles of persons protected by a convention 7 7 8 9 10 10 11 12 12 13 14 14 15 15 16 16 17 18 19 An Act to give effect to— (a) the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents, 1973; and the Convention Against the Taking of Hostages 1979; and the Convention on the Safety of United Nations and Associated Personnel 1994; and the Optional Protocol to the Convention on the Safety of United Nations and Associated Personnel 1994;— (b) (c) (d) 2 Reprinted as at 7 July 2010 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 s 2 and for matters incidental to the implementation of those Conventions.
The Long Title was substituted, as from 1 March 1999, by section 2(2) Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36).

Title paragraph (c): amended, on 7 July 2010, by section 4 of the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Amendment Act 2010 (2010 No 59).
Title paragraph (d): added, on 7 July 2010, by section 4 of the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Amendment Act 2010 (2010 No 59).

Be it enacted by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows: 1 (1) (2) 2 (1) Short Title and commencement This Act may be cited as the Crimes (Internationally Pro- tected Persons, United Nations and Associated Personnel, and Hostages) Act 1980.
This Act shall come into force on a date to be appointed by the Governor-General by Order in Council, and different dates may be so appointed for the commencement of this Act in respect of the 1973 Convention and the 1979 Convention.

This Act was brought into force on 12 December 1985 pursuant to the Crimes (Internationally Protected Persons and Hostages) Act Commencement Order 1985 (SR 1985/313).
The Short Title was amended, as from 1 March 1999, by section 2(3) Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36) by substituting the words “Internationally Protected Persons, United Nations and Associated Personnel, and Hostages” for the words “Internationally Protected Persons and Hostages”.

See clause 2 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Commencement Order 1999 (SR 1999/9).
Interpretation In this Act, unless the context otherwise requires,— associated person, in relation to an alleged act or omission that constitutes a crime by virtue of or against any of sections 3 to 6, means— (a) a person assigned by a Government or an intergovern- mental organisation with the agreement of the compe- tent organ of the United Nations; or 3 s 2 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 Reprinted as at 7 July 2010 (b) (c) a person engaged by— the Secretary-General of the United Nations; or (i) a specialised agency of the United Nations; or (ii) (iii) the International Atomic Energy Agency; or a person deployed by a humanitarian non-governmental organisation or agency under an agreement with— the Secretary-General of the United Nations; or (i) a specialised agency of the United Nations; or (ii) (iii) the International Atomic Energy Agency— to carry out activities in support of the fulfilment of the mandate of a United Nations operation: conviction on indictment has the same meaning as in section 3 of the Crimes Act 1961 Fugitive Offenders Act 1881[Repealed] Fugitive Offenders Act 1881: this definition was repealed, as from 1 September 1999, by section 111 Extradition Act 1999 (1999 No 55).
[Repealed] internationally protected person, in relation to an alleged act or omission that constitutes a crime by virtue of or against any of sections 3 to 6, means— (a) a person who, at the time of the alleged act or omission, is— (i) (ii) a Head of State; or a member of a body that performs the functions of a Head of State under the constitution of the State; or a Head of Government; or a Minister of Foreign Affairs— (iii) (iv) and is outside the territory of the State in which he or she holds office: a member of the family of a person referred to in para- graph (a) who is accompanying that person: a person who, at the time of the alleged act or omission, is— (i) (ii) a representative or an official of a State; or an official or agent of an international organisa- tion of an intergovernmental character— (b) (c) 4 Reprinted as at 7 July 2010 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 s 2 (d) an associated person; or an internationally protected person; or a United Nations person: and is entitled under international law to special protec- tion from attack on his or her person, freedom, or dig- nity: a member of the family of a person referred to in para- graph (c) who is a member of that person’s household: New Zealand includes all waters within the outer limits of the territorial sea of New Zealand (as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977) person protected by a convention means— (a) (b) (c) the 1973 Convention means the Convention on the Preven- tion and Punishment of Crimes Against Internationally Pro- tected Persons, including Diplomatic Agents, opened for sig- nature at New York on 14 December 1973 the 1979 Convention means the Convention Against the Tak- ing of Hostages, opened for signature at New York on 18 De- cember 1979 the 1994 Convention means the Convention on the Safety of United Nations and Associated Personnel, opened for signa- ture at New York on 9 December 1994 United
 Nations operation means an operation established by the competent organ of the United Nations in accordance with the Charter of the United Nations and conducted under United Nations authority and control— (a) if the operation is for the purpose of maintaining or restoring international peace and security; or if the Security Council of the United Nations, or the General Assembly of the United Nations, has declared, for the purposes of the 1994 Convention, that there exists an exceptional risk to the safety of the person- nel participating in the operation; or if the operation is for the purpose of delivering hu- manitarian, political or development assistance in peace building; or (b) (c) 5 s 2 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 Reprinted as at 7 July 2010 (d) if the operation is for the purpose of delivering emer- gency humanitarian assistance United Nations person, in relation to an alleged act or omis- sion that constitutes a crime by virtue of or against any of sec- tions 3 to 6, means— (a) a person engaged or deployed by the Secretary-General of the United Nations as a member of the military, po- lice, or civilian components of a United Nations oper- ation; or an official or expert on mission of— the United Nations; or (i) a specialised agency of the United Nations; or (ii) (iii) the International Atomic Energy Agency— who is present in an official capacity in the area where a United Nations operation is being conducted: (b) vehicle includes any means of conveyance.
In paragraph (a)(i) of the definition of the term internation- ally protected person in subsection (1) of this section, the term Head of State includes, in relation to any Common- wealth country (other than the United Kingdom) of which Her Majesty the Queen is Head of State, the Governor-General or other person who performs the functions of the Head of State as Her Majesty’s representative.
Compare: 1972 No 137 s 2; Internationally Protected Persons Act 1978, s 1(5) (UK) Subsection (1) was substituted, as from 1 March 1999, by section 3 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36).

See clause 2 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Commencement Order 1999 (SR 1999/9).
Section 2(1) United Nations operation paragraph (b): amended, on 7 July 2010, by section 5 of the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Amendment Act 2010 (2010 No 59).

Section 2(1) United Nations operation paragraph (c): added, on 7 July 2010, by section 5 of the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Amendment Act 2010 (2010 No 59).
Section 2(1) United Nations operation paragraph (d): added, on 7 July 2010, by section 5 of the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Amendment Act 2010 (2010 No 59).
(2) 6 Reprinted as at 7 July 2010 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 s 4 Internationally protected persons and United Nations and associated personnel This heading was substituted for the heading “Internationally protected persons”, as from 1 March 1999, by section 4 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36).
See clause 2 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Commencement Order 1999 (SR 1999/9).
Crimes against persons 3 (1) Without limiting anything in the Crimes Act 1961, every one (b) (c) commits a crime who does an act or omits to do an act, if— (a) he or she does the act, or omits to do the act, in New Zealand or outside New Zealand; and he or she does the act, or omits to do the act, to or in relation to a person whom he or she knows to be a person protected by a convention; and the act or omission is one that constitutes, or would, if done or made in New Zealand, constitute,— (i) a crime referred to or described in a provision of the Crimes Act 1961 specified in Schedule 1; or an attempt to commit such a crime, if the crime is not itself constituted by a mere attempt.
(ii) (2) Every one who commits a crime against this section is liable on conviction on indictment to the same penalty to which he or she would have been liable had he or she been charged with a crime against the relevant provision of the Crimes Act 1961.

Compare: Internationally Protected Persons Act 1978, s 1(1)(a), (2)(a), (4) (UK) Section 3 was substituted, as from 1 March 1999, by section 4 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36).
See clause 2 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Commencement Order 1999 (SR 1999/9).
Crimes against premises or vehicles 4 (1) Without limiting anything in the Crimes Act 1961, every one commits a crime who does an act or omits to do an act, if— (a) he or she does the act, or omits to do the act, in New Zealand or outside New Zealand; and he or she does the act, or omits to do the act, to or in relation to— (b) 7 s 5 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 Reprinted as at 7 July 2010 (i) (ii) premises that he or she knows to be the official premises or private residence of a person pro- tected by a convention; or a vehicle that he or she knows is used by a person protected by a convention; and (c) (d) he or she does the act, or omits to do the act, while such a person is present in those premises or that residence or vehicle; and the act or omission is one that constitutes, or would, if done or made in New Zealand, constitute,— (i) a crime referred to or described in a provision of the Crimes Act 1961 specified in Schedule 2; or an attempt to commit such a crime, if the crime is not itself constituted by a mere attempt.
(ii) (2) 5 (1) Every one who commits a crime against this section is liable on conviction on indictment to the same penalty to which he would have been liable had he been charged with a crime against the relevant provision of the Crimes Act 1961.

Compare: Internationally Protected Persons Act 1978, s 1(1)(b), (2)(a), (4) (UK) Subsection (1) was substituted, as from 1 March 1999, by section 5 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36).
See clause 2 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Commencement Order 1999 (SR 1999/9).

Threats against persons Every one commits a crime who threatens to do an act, if— the act constitutes a crime against section 3; and (a) he or she makes the threat in New Zealand or outside (b) New Zealand; and he or she makes the threat to or in relation to a person whom he or she knows to be an internationally protected person.
(c) (1A) Every one commits a crime who threatens to do an act, if— (a) (b) (c) the act constitutes a crime against section 3; and he or she makes the threat in New Zealand or outside New Zealand; and he or she makes the threat to or in relation to a person whom he or she knows to be a United Nations person or an associated person; and 8 Reprinted as at 7 July 2010 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 s 6 (2) 6 (1) (d) he or she makes the threat with the intention of com- pelling the person, or any other person, to do or refrain from doing an act.
Every one who commits a crime against this section is liable on conviction on indictment to imprisonment for a term not exceeding— (a) (b) seven years; or the term of years prescribed by the relevant provision of the Crimes Act 1961 in respect of the crime that he would have committed had he carried out his threat in New Zealand,— whichever is the lesser.
Compare: Internationally Protected Persons Act 1978, s 1(3), (4) (UK) Subsection (1) was substituted, as from 1 March 1999, by section 6 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36).

Subsection (1A) was inserted, as from 1 March 1999, by section 6 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36).

See clause 2 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Commencement Order 1999 (SR 1999/9).
(c) Threats against premises or vehicles Every one commits a crime who threatens to do an act, if— the act constitutes a crime against section 4; and (a) he or she makes the threat in New Zealand or outside (b) New Zealand; and he or she makes the threat to or in relation to— (i) premises that he or she knows to be the official premises or private residence of an internation- ally protected person; or a vehicle that he or she knows is used by an inter- nationally protected person.
(1A) Every one commits a crime who threatens to do an act, if— (ii) (a) (b) (c) the act constitutes a crime against section 4; and he or she makes the threat in New Zealand or outside New Zealand; and he or she makes the threat to or in relation to— (i) premises that he or she knows to be the official premises or private residence of a United Nations person or an associated person; or 9 s 6A Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 Reprinted as at 7 July 2010 (d) (ii) a vehicle that he or she knows is used by a United Nations person or an associated person; and he or she makes the threat with the intention of com- pelling the person, or any other person, to do or refrain from doing an act.
(2) Every one who commits a crime against this section is liable on conviction on indictment to imprisonment for a term not exceeding 3 years.

Compare: Internationally Protected Persons Act 1978, s 1(3), (4) (UK) Subsection (1) was substituted, as from 1 March 1999, by section 7 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36).
Subsection (1A) was inserted, as from 1 March 1999, by section 7 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36).

See clause 2 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Commencement Order 1999 (SR 1999/9).
6A Sections 3 to 6 not to apply to certain United Nations operations Sections 3 to 6 do not apply, in relation to United Nations personnel and associated personnel, to a United Nations op- eration— (a) authorised by the Security Council of the United Na- tions as an enforcement action under Chapter VII of the Charter of the United Nations; and in which United Nations personnel or associated per- sonnel are engaged as combatants against organised armed forces; and (c) to which the law of international armed conflict applies.
Section 6A was inserted, as from 1 March 1999, by section 8 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36).

See clause 2 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Commencement Order 1999 (SR 1999/9).
(b) Prosecution need not prove certain matters Notwithstanding anything in sections 3 to 6 of this Act, in any proceedings brought under any of those sections, it shall not be necessary for the prosecution to prove the following matters: (a) in respect of— 7 10 Reprinted as at 7 July 2010 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 s 8 (i) (ii) an internationally protected person to whom paragraph (a) or paragraph (c) of the definition of that term in section 2(1) applies; or a United Nations person or an associated per- son,— that the defendant knew, at the time of the alleged crime, the identity of that person or the capacity in which that person was an internationally protected person, a United Nations person, or an associated person: in respect of any internationally protected person to whom paragraph (b) of that definition applies, that the defendant knew, at the time of the alleged crime, that the internationally protected person was accompanying any other person to whom paragraph (a) of that defin- ition applies: in respect of any internationally protected person to whom paragraph (c) of that definition applies, that the defendant knew, at the time of the alleged crime, that the internationally protected person was entitled under international law to special protection from attack on his person, freedom, or dignity: in respect of any internationally protected person to whom paragraph (d) of that definition applies, that the defendant knew, at the time of the alleged crime, that the internationally protected person was a member of the household of any other person referred to in para- graph (c) of that definition.
(b) (c) (d) Paragraph (a) was substituted, as from 1 March 1999, by section 9 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36).

See clause 2 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Commencement Order 1999 (SR 1999/9).
Hostages 8 (1) Hostage-taking Subject to subsection (2) of this section, every one commits the crime of hostage-taking who, whether in or outside New Zealand, unlawfully seizes or detains any person (in this sec- tion called the hostage) without his consent, or with his consent obtained by fraud or duress, with intent to compel the Govern- ment of any country or any international intergovernmental or- 11 s 9 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 Reprinted as at 7 July 2010 ganisation or any other person to do or abstain from doing any act as a condition, whether express or implied, for the release of the hostage.
(a) (b) (2) No one shall be convicted of the crime of hostage-taking if— the act of hostage-taking takes place in New Zealand; and the alleged offender and the hostage are New Zealand citizens; and the alleged offender is in New Zealand.

(c) Every one who commits the crime of hostage-taking is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.
General provisions Extradition Act amended [Repealed] Section 9 was repealed, as from 1 September 1999, by section 111 Extradition Act 1999 (1999 No 55).
Crimes deemed to be included in extradition treaties For the purposes of the Extradition Act 1999 and any Order in Council in force under section 15 or section 104 of that Act,— each crime described in section 3 or section 4 or section (a) 8, including— (i) attempting to commit that crime (where it is not itself constituted by a mere attempt); or aiding, abetting, inciting, counselling, or procur- ing any person to commit that crime; or inciting, counselling, or attempting to procure any person to commit that crime when it is not in fact committed; or being an accessory after the fact to that crime; and (ii) (iii) (iv) (b) each crime described in section 5 or section 6,— is, if not already described in the treaty, deemed to be an offence described in any extradition treaty concluded before 12 December 1985 and for the time being in force between New Zealand and any country that is a party to the 1973 Con- vention or, as the case may require, the 1979 Convention.
(3) 9 10 (1) 12 Reprinted as at 7 July 2010 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 s 10A (2) (3) It under subsection (1) a crime is deemed to be an offence described in an extradition treaty, no person may be surren- dered for that crime in accordance with the provisions of the Extradition Act 1999 if the alleged act or omission occurred before 12 December 1985.
For the purposes of this section, country includes any territory for whose international relations the government of a country is responsible and to which the extradition treaty and the 1973 Convention or, as the case may require, the 1979 Convention, extends.
Compare: 1972 No 137 s 7; Internationally Protected Persons Act 1978, s 3(2) (UK) Subsection (1) was amended, as from 1 March 1999, by section 10(1) Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36) by substituting the words “, the 1979 Convention, or the 1994 Convention” for the words “or, as the case may require, the 1979 Convention”.

See clause 2 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Commencement Order 1999 (SR 1999/9).
Subsection (3) was amended, as from 1 March 1999, by section 10(2) Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36) by substituting the words “, the 1979 Convention, or the 1994 Convention” for the words “or, as the case may require, the 1979 Convention,”.

See clause 2 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Commencement Order 1999 (SR 1999/9).
Section 10 was substituted, as from 1 September 1999, by section 111 Extradition Act 1999 (1999 No 55).
10A Further provision on crimes deemed to be included in (1) extradition treaties For the purposes of the Extradition Act 1999 and any Order in Council in force under section 15 or section 104 of that Act, (a) each crime described in section 3 or section 4 or section 8, including— (i) attempting to commit that crime (where it is not itself constituted by a mere attempt); or aiding, abetting, inciting, counselling, or procur- ing any person to commit that crime; or inciting, counselling, or attempting to procure any person to commit that crime when it is not in fact committed; or being an accessory after the fact to that crime; and (ii) (iii) (iv) 13 s 11 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 Reprinted as at 7 July 2010 (2) (3) 11 each crime described in section 5 or section 6,— (b) is, if not already described in the treaty, deemed to be an offence described in any extradition treaty concluded before the commencement of the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 and for the time being in force between New Zealand and any country that is a party to the 1994 Convention.
If under subsection (1) a crime is deemed to be an offence described in an extradition treaty, no person may be surren- dered for that crime in accordance with the provisions of the Extradition Act 1999 if the alleged act or omission occurred before the commencement of the Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998.
For the purposes of this section, country includes any territory for whose international relations the government of a country is responsible and to which the extradition treaty and the 1994 Convention extends.

Section 10A was inserted, as from 1 September 1999, by section 111 Extradition Act 1999 (1999 No 55).
Surrender of offenders [Repealed] Compare: 1972 No 137 s 8; Internationally Protected Persons Act 1978, s 3(3) (UK) Subsection (1)(b) was amended, as from 1 March 1999, by section 11(1) Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36) by substituting the words “, the 1979 Convention, or the 1994 Convention” for the words “or, as the case may require, the 1979 Convention”.
See clause 2 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Commencement Order 1999 (SR 1999/9).

Subsection (2) was amended, as from 1 March 1999, by section 11(2) Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36) by substituting the words “, the 1979 Convention, or the 1994 Convention” for the words “or, as the case may be, the 1979 Convention,”.
See clause 2 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Commencement Order 1999 (SR 1999/9).

Section 11 was repealed, as from 1 September 1999, by section 111 Extradition Act 1999 (1999 No 55).
Restrictions on surrender 12 (1) Without limiting the grounds on which surrender must or may be refused under the Extradition Act 1999, a Court in New 14 Reprinted as at 7 July 2010 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 s 14 Zealand must not order the surrender, or the detention for the purposes of surrender, of a person to another country in respect of an act or omission that amounts to a crime against any of sections 3 to 8 if the Attorney-General certifies that the case is being or is about to be considered to determine whether or not proceedings should be brought in New Zealand against that person in respect of the act or omission.
If, in any case to which subsection (1) applies, it is subse- quently determined that proceedings should not be brought in New Zealand against the person in respect of the act or omis- sion, the Attorney-General must advise the Court accordingly, and the Court must proceed with the matter as if the Attor- ney-General’s certificate had never been given.
(2) (3) Without limiting the grounds on which surrender must or may be refused under the Extradition Act 1999, a person must not be surrendered to another country if it appears that the person’s position may be prejudiced because communication with the person by the appropriate authorities of the country that is en- titled in international law to exercise rights of protection in respect to the person cannot be effected.
Compare: 1976 No 2 s 7 Section 12 was substituted, as from 1 September 1999, by section 111 Extradition Act 1999 (1999 No 55).

13 14 (1) Further restrictions on surrender of offenders [Repealed] Section 13 was repealed, as from 1 September 1999, by section 111 Extradition Act 1999 (1999 No 55).
Attorney-General’s consent required to prosecutions Subject to subsection (2) of this section, no proceedings for the trial and punishment of any person charged with a crime against any of sections 3 to 8 of this Act shall be instituted in any Court except with the consent of the Attorney-General.
(2) A person charged with a crime against any of those provisions may be arrested, or a warrant for his arrest may be issued and executed, and he may be remanded in custody or on bail, not- withstanding that the consent of the Attorney-General to the institution of a prosecution for the crime has not been obtained, 15 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 Reprinted as at 7 July 2010 but no further proceedings shall be taken until that consent has been obtained.
Compare: 1972 No 137 s 18 Evidence For any purpose in connection with this Act, a certificate, given by the Secretary of Foreign Affairs and Trade, certify- ing— (a) any fact relevant to the question of whether a person was or was not, at any material time, a person protected by a convention; or any fact relevant to the question of whether an operation was or was not, at any material time, a United Nations operation of a kind described in section 6A; or that any country is or is not, or was or was not at any material time, a party to the 1973 Convention, the 1979 Convention, or the 1994 Convention; or that the Government of any country is or is not, or was or was not at any material time, responsible for the inter- national relations of any territory,— (b) (ba) (c) shall be sufficient evidence of that fact.
Compare: Internationally Protected Persons Act 1978, s 1(1), (5) (UK) Section 15 was amended, as from 1 December 1988, by section 14(1) External Relations Act 1988 (1988 No 159) by substituting the words “Secretary of External Relations and Trade” for the words “Secretary of Foreign Affairs”.
Section 15 was amended, as from 1 July 1993, by section 6(1) Foreign Affairs Amendment Act 1993 (1993 No 48) by substituting the words “Secretary of Foreign Affairs and Trade” for the words “Secretary of External Relations and Trade”.

Paragraphs (a) and (b) were substituted, and paragraph (ba) was inserted, as from 1 March 1999, by section 12 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36).
See clause 2 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Commencement Order 1999 (SR 1999/9).
Application of certain provisions of Crimes Act Nothing in section 8 of the Crimes Act 1961 (which relates to jurisdiction in respect of crimes on ships or aircraft beyond New Zealand) or in section 400 of that Act (which requires the consent of the Attorney-General to proceedings in certain cases for offences on ships or aircraft) shall apply with respect s 15 15 16 16 Reprinted as at 7 July 2010 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 s 17 to any proceedings brought under any of sections 3 to 8 of this Act.
Compare: 1972 No 137 s 10 17 Other Acts not affected Nothing in this Act shall limit or affect the Immigration Act 1987, the Aviation Crimes Act 1972, nor, except as expressly provided in this Act, the Crimes Act 1961.

Compare: 1972 No 137 s 21 The reference to the Immigration Act 1987 replaces an earlier reference to the repealed Immigration Act 1964.
17 Schedule 1 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 Reprinted as at 7 July 2010 Schedule 1 Crimes against persons protected by a convention s 3(1)(a) Section of Crimes Act 1961 128 Subject-matter Sexual violation 129 142A 167, 168 171 173 174 176 188 189 191 192 197 198 199 200 201 209 Attempt to commit sexual violation Compelling indecent act with animal Murder Manslaughter Attempt to murder Counselling or attempting to procure murder Accessory after the fact to murder Wounding with intent Injuring with intent Aggravated wounding or injury Aggravated assault Disabling Discharging firearm or doing dangerous act with intent Acid throwing Poisoning with intent Infecting with disease Kidnapping Schedule 1 was amended, as from 1 February 1986, by section 7(3) Crimes Amend- ment Act (No 3) 1985 (1985 No 160) by omitting the references to sections 128 and 129 of the Crimes Act 1961 and substituting the references to “128 Sexual violation”, “129 Attempt to commit sexual violation”, and “142A Compelling indecent act with animal”:— Schedule 1 was amended, as from 1 March 1999, by section 13(1)(a) Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36) by substituting the expression “Schedule 1” for the words “Schedule 1”.
It was further amended by section 13(1)(b) of that Act by substituting the heading “CRIMES AGAINST PERSONS PROTECTED BY A CONVENTION” for the heading “CRIMES AGAINST INTERNATIONALLY PROTECTED PERSONS”.

See clause 2 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Commencement Order 1999 (SR 1999/9).
18 Reprinted as at 7 July 2010 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 Schedule 2 Crimes against premises or vehicles of persons protected by a convention Schedule 2 s 4(b)(i) Section of Crimes Act 1961 267 268 269 270 Subject-matter Arson Attempted arson Intentional damage Endangering transport Schedule 2 was amended, as from 1 March 1999, by section 13(2)(a) Crimes (Inter- nationally Protected Persons and Hostages) Amendment Act 1998 (1998 No 36) by substituting the expression “Schedule 2” for the words “Second Schedule”.
It was further amended by section 13(2)(b) of that Act by substituting the heading “CRIMES AGAINST PREMISES OR VEHICLES OF PERSONS PROTECTED BY A CONVENTION” for the heading “CRIMES AGAINST PREMISES OR VEHICLES OF INTERNATIONALLY PROTECTED PERSONS”.

See clause 2 Crimes (Internationally Protected Persons and Hostages) Amendment Act 1998 Commencement Order 1999 (SR 1999/9).
Schedule 2 was amended, as from 1 October 2003, by section 34 Crimes Amendment Act 2003 (2003 No 39) by substituting all the items under the headings “Section of Crimes Act 1961” and “Subject-matter”.
19 Notes Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 Reprinted as at 7 July 2010 Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent first) The eprint incorporates all General This is an eprint of the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980. the amendments to the Act as at 7 July 2010.
The list of the amendments at amendments incorporated into this eprint since 3 September 2007.

Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the eprint are also included, after the principal enactment, in chronological order.

the end of these notes specifies all eprint has not been officialised.
About this eprint This For more information about eprints and officialisation, please see http://www.pco.parliament.govt.nz/eprints/.

List of amendments incorporated in this eprint (most recent first) Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Amendment Act 2010 (2010 No 59) Notes 1 2 3 20